It has exclusive jurisdiction to hear and determine appeals from the Federal High Court, High Court of the Federal Capital Territory, State High court, Sharia Court of Appeal, Customary Court of Appeal, National Industrial Court, a court-martial or other tribunals prescribed by an Act of the National Assembly. 2. Director General's Office +234 810 036 3602 Director of Research +2348100363602 Director of Admin/Legal Services +234 706 663 8844 Office of the Bursar +234 906 051 0853 Marketing Office +234 706 243 0409 Continuing Legal Education and Consultancy CLEC) +234 906 200 0294. document.getElementById('cloak9bdb55e2049df59686c3e77840e12343').innerHTML = ''; A court-martial is empowered to determine the guilt of members of the armed forces subject to military law, and, if the defendant is found guilty, to decide upon punishment. The jurisdiction of State High Courts in Nigeria is to be found in section 236(1) of the 1979 Constitution of the Federal Republic of Nigeria. This situation negatively affects the morale of those in service as some of them believe that sooner than later, the same fate may befall them. YES, in NIGERIAN AIR FORCE V OBIOSA: it was held that the Power to convene a Court Martial was delegable, this is affirmed by SECTION 131(4)AFA. The Supreme Court upheld the decision of the Court of Appeal that the High Court had no jurisdiction to hear the case in view of section 41 of the Land Use Act. The Supreme Court is composed of the Chief Justice of Nigeria. The major objective is to analyze the issues raised by appellate courts that are linked to jurisdiction, fair hearing and lack of diligent prosecution with a view to correcting the anomaly in future court martial trials. var addy_text9bdb55e2049df59686c3e77840e12343 = 'c.nwabuzor' + '@' + 'nials' + '.' + 'edu' + '.' + 'ng';document.getElementById('cloak9bdb55e2049df59686c3e77840e12343').innerHTML += ''+addy_text9bdb55e2049df59686c3e77840e12343+'<\/a>'; As a general rule, persons  in the Armed Forces enjoy the same constitutional rights as civilian, except for those protections and rights which the history and text of the Constitution specifically deny them. The Matrimonial Causes Act Cap M7, Laws of the Federation of Nigeria, 2004; Matrimonial Causes Rules made pursuant to the Matrimonial Causes Act. These were equally accompanied by harsh comments from justices of appellate courts which in some instances ridiculed the military justice system in Nigeria. The DG NIALS sets up NIALS Covid 19 Justice Sector Committee to advise CJN,HAGF, and NBA. This apex court is made up of the Chief Justice of Nigeria and around 21 or more justices appointed by the President on the recommendation of the National Judicial Council (NJC) and subject to confirmation by the Nigerian Senate. This is simply what is termed in military parlance as the doctrine of compact of “compact” or burden associated with the military. This work will be of immense benefit to the Nigerian Armed Forces. The apex or number one court in Nigeria is the Supreme Court of Nigeria. While the state court is headed by a judge appointed by the state Governor. addy9bdb55e2049df59686c3e77840e12343 = addy9bdb55e2049df59686c3e77840e12343 + 'nials' + '.' + 'edu' + '.' + 'ng'; P.M. B. Supreme Court Complex, The Supreme Court is located in Abuja, the capital of Nigeria. This is the principal enactment that governs criminal proceedings in Lagos State. Research activities of NIALS results in a wide range of publications. THE STRUCTURE AND JURISDICTION OF NIGERIAN COURTS: Meaning of jurisdiction: Jurisdiction is “a court’s power to decide a case or issue a decree”11. It is in line with the dangers associated with being a soldier and the need to ensure both discipline and justice in the Armed Forces that court martial was established. This means that no appeal can be heard regarding matters decided by the supreme court before any other Nigerian court. Three Arms Zone, e. Administration of Criminal Justice Law 2011. It is provided for under Section 230 of the 1999 Constitution of the Federal Republic of Nigeria (as amended). Appellate Jurisdiction of the Supreme Court of Nigeria The appellate jurisdiction of the Supreme Court is the power of the Supreme Court to entertain appeal from the Court of Appeal. The offences were committed while the petitioner was on evening pass, in civilian clothes and in a hotel away from his military post. Taking the authors view in the quotation above, and in order to preserve courts-martial in Nigeria, it should be the case that while courts-martial should be seised of core military offences (that is offences unknown to our ordinary criminal law), both courts-martial and the Federal High Court should have jurisdiction over civil type offences stipulated in Ss. By the ‘doctrine of compact’ therefore, a serviceman who commits an offence off the precinct of the barracks (that is among the civilian population) will be tried by the civil courts and punishment stipulated in the ordinary law of the land will be awarded to him where necessary. While some may say that the serviceman, by this doctrine, is governed by two system of law, this is hardly correct as military law is part of the ordinary law of the land. The term civil matters means a dispute between individuals or between individuals and government or between governments, the result of which maybe the award of damages, compensation, declaration of rights or prerogative or equitable remedies. THE COURT OF APPEAL The Nigerian Court of Appeal is the next court in the hierarchy of courts in Nigeria. A court martial is a special court meant for only persons who are subject to military law, ie members of the Armed Forces and civilians working with military unit on active service.2 The early concept of courts martial was that of a court of discipline rather than a court of justice. This work was based on doctrinal and teleological research methods. Please note the exception to divisions of the federal high court in FRN v Ibori.Section 270 of the 1999 Constitution of the federal republic of Nigeria (as amended) states that there shall be a chief judge of the state and such members if the High Court as may be prescribed by an … powers exercisable by courts over civil matters. It is hoped to stem the trend of unnecessary dismissals and imprisonment of Armed Forces personnel as subsequent courts martial will learn from the mistakes of the past when the members see the analyses of the failures of the past courts martial. Each case, however, is considered on its merits and in applying these broad criteria, a number of considerations are also brought into account. Jurisdiction. The only deference the Federal High Court will pay to a court-martial proceeding is to take into cognisance the punishment awarded by a court-martial to an defendant in awarding its own punishment. The 1999 Constitution clearly outlines the courts that constitute the superior courts of records. The Supreme Court of Nigeria which is the apex court in Nigeria was established in 1963 following the proclamation of the Federal Republic of Nigeria and the then 1960 Constitution which came into operation on October 1, 1963, following the abolition of Section 120 which abrogated the appellate jurisdiction of the judicial committee of the Privy Council which was Nigeria’s apex court. This researcher studied 40 court martial cases of which the judgments were appealed against and 28 of the judgments were upturned by appellate courts in Nigeria. JURISDICTION – COURT:- Jurisdiction of court – International boundaries – Dispute over same Jurisdiction to try same – Where resides. Court martial is a major aspect of administration of military justice. var addy9bdb55e2049df59686c3e77840e12343 = 'c.nwabuzor' + '@'; The provisions of the Act do not apply to a Court Martial. All the listed topics on school project topics are free, COURT MARTIAL CASES AT APPELLATE COURTS IN NIGERIA, CRITICAL APPRAISAL OF COURT MARTIAL CASES AT APPELLATE COURTS IN NIGERIA 1990- 2014, The Legal Framework On The Rights Of Persons With Disability In Nigeria, CRITICAL EXAMINATION ON CONTRACT FOR THE SALE OF LAND IN NIGERIA, THE IMPACT OF THE INTER-PARLIAMENTARY UNION IN STRENGTHENING PARLIAMENTS IN AFRICA, A critical appraisal on the legality of setting up the Amotekun security outfit in the Western zone of Nigeria, An Appraisal Of Nigeria Criminal Code Section 419, Appraisal of Legal Frame For Legalization of Marijuana, A CRITICAL EXPOSITION OF JEREMY BENTHAM’S HEDONISTIC PHILOSOPHY AND ITS APPLICABILITY IN NIGERIA, LAW AND PUNISHMENT IN JEREMY BENTHAM: EVIDENCE FROM NIGERIAN SOCIETY, A CRITIQUE OF JEREMY BENTHAM’S IDEA OF LAW, NATIONAL HUMAN RIGHTS COMMISSION OF NIGERIA AND THE CHALLENGES OF HUMAN RIGHTS PROTECTION (2011-2015), Violations Of Right To Life And Education By Boko Haram In Yobe State, Nigeria, International Criminal Court and International Humanitarian Law in Africa, Land use charge law:history, prospects and challenges in Lagos state, An appraisal of the relevant role of NCC in protecting privacy of Nigerians, The Role of the Court in Arbitration, Under the Arbitration and Conciliation Act 2004, A COMPARATIVE ASSESSMENT OF NIGERIA FAMILY LAW AND ITS APPLICABILITY, GET 100% FREE PROJECT TOPICS- Schoolprojecttopics.com. Judgments of about 70 percent of court martial cases that were appealed against in Nigeria between 1990 and 2014 were upturned by appellate courts. It is for this reason that a special way of ensuring that discipline and justice are maintained in the Armed Forces was crafted. 16 made in respect of any particular court or form of trial or proceeding. v. Egbetola & Anor.19 This was a claim in The establishment and jurisdiction of the Court of Appeal to determine legal matters are enshrined in Section 237 of the Constitution of the Federal Republic of Nigeria 1999 (as amended). This collection contains a variety of publications on different themes of International. In addition to having a lawyer as a judge advocate, defence and prosecution counsel, civilian lawyers, inclusive of Senior Advocates appear therein also.10. Most of the officers and soldiers who were convicted and sentenced to jail terms by courts martial never came back to the Armed Forces even after appellate courts would have quashed their convictions. Lastly, the Appellant submitted that the judgment of the court martial is a nullity because it lacked the essential features of a valid judgment such as evaluation of evidence and attribution of reasons and that the punishment awarded was excessive and oppressive in violation of S. 118 (4) of the Decree, NIGERIAN ARMY V BRIG – GENERAL AMINU – KANU (2010) 1 SC (PT 1) 223. The research problem is whether or not the issue of jurisdiction, non observance of fair hearing and lack of diligent prosecution were the major causes for reversal of most court martial decisions by appellate courts in Nigeria between 1990 and 2014. ATTORNEY-GENERAL OF THE FEDERATION V. ATIKU ABUBAKAR: JURISDICTION- Court of Appeal – Original jurisdiction of-Nature and scope of- When can be invoked – Section 239(1)(c), 1999 Constitution. The outcome of some of these cases at courts martial have also done a lot of harm to the psyche of Nigerian soldiers. 12820, Lagos The case of Abdullahi v. The Nigerian Army (supra), rightly says that the court martial is unique and jury … The interpretation of quick dispensation of justice in courts martial has however made many commanders who convene courts martial to look more on discipline than on justice which is the main essence of any court of law, courts martial inclusive. exclusive first instance jurisdiction on admiralty matters by virtue of Section . The Federal High Court is a court of limited jurisdiction and this is set out in the Constitution of the Federal Republic of Nigeria in such a manner that enables the federal legislature to expand its jurisdiction.
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